The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-04-21
THE RECORD OF THE COURTS.
Supreme Court.
Hon. Byron X. Elliott. Chief Justice.

NEUTRALITY-SUSPICIOUS. CASE.
1175S John B. Deie, executor, ct al. VS.. Will
helmina Morehead. Posey G. G. Affirmed.
Howk IA proceeding to contest the validity
of will is statutory action. and trial by jury
may be had. (2) Under the statutes the man
of filling vacancies in the regular panel OF
the petit jury, no matter how occurring. is lett
to the discretion and direction of the trial court,
and where no abuse is shown in the court direct
ing the sheriff to fill the vacancies in the regular
panel from bystanders, or that the appellant was
prejudiced. there will be no reversal. 3D.
Whether or not facts assumed in a Hypothetical
case to be true were or had been established by
the evidence, and whether not all or any of
such facts were true were questions for the jury,
upon the evidence, and cannot be made the basis
Of a valid objection to the hypothetical question.
GRAVEL RoAD-BoND-sURETY.
12437. Francis NJ Faurate ct al VS.. State ex
rel. Oscar Gordon Henry G. e. reversed.
Mitchell J.-Action on bond given by appel
lants for the construction of a gravel road. The
bond was taken in pursuance of public statute
and falls under the description OF an official
bond and subject to the provisions of Section
1921. Defects in the bond growing out of the
omissions therein should be suggested in the
complaint and when so suggested an action
would lie on the bond as if it were a perfect
statutory bond. ~ In the absence of fraud,
bad faith or concealment the obligation of such
bond and the liability of the sureties will not be
extended to debts incurred by sub-contractor
of the principal or to any claim against sub
contractor. Section 4246.
EAsEMENT-MoRTGAGEoR
12446. Columbus & Chicago Railway Com
pany vs. William Braden. DecaturC G. Re-
versed. Elliott. c.. J.-Where a deed conveys an
easement. it may be assigned by mortgage, and
the purchaser at the foreclosure sale takes what
ever the mortgage embraced
12438 Francis N. Faurate ct al. VS. State OK
rel William W. Saxon. Henry G. G. Mitchell.
Reversed on the authority of Faurate vs..
State ex rel, supra
1243l James B. McFadden ct al vs. Otto
Fritz ct al. Shelby c. G. Rehearing denied
Superior Court.
Room l-Tlon. Napoleon B. Taylor. Judge.
Maggie Willis vs. Nancy Smith ct al; dam.
ages. Verdict for plaintiff for $780,
Room 2-Hon. d. w. Howe Judge.
Henry Stacy VS.. Board of Trustees of the In
diana Hospital for the Insane. Cause continued
until May 9.
William Fl. Thomas vs. Artemus Hadley; suit
on mining stock. On trial by jury.
G. c. Foster Lumber Company VS.. John Cad
wallader; note. Judgment for plaintiff for
1925. H.
Room 3-Hon. Lewis G. Walker. Judge.
John D. Lowden VS.. VIM. A. Sehoheld; ac-
count. On trial by jury.
NEW SUITS.
Nancy f. Crone VS.. the Old Wayne Mutual
Life Association; complaint certificate of
membership. Demand. $1,000
Hannah Leary VS.. Nathan Leary ct al; sui,
on account Demand, 800.
Thomas Jordan VS.. Nelson A. Randall ct al.
Demand, 800.
Josephine j. Mellinger Us. Theodore Mellineer;
complaint for divorce and restraining order.
| Allegation, habitual drunkenness
VIM. Fl. Mantle Sarah Ann Mantle; com
| plant for divorce. Allegation. adultery.
Lille Sutherland William Sutherland
complaint for divorce. Allegation, drunkenness.
Griffith l.. johnson VS.. Edward Griffith ct al;
suit on account. Demand. 81 600 -
Circuit Court.
Hon. A. G. Ayres Judge.
| Chas. n. Brennan w. F. A. Bernhamer.
! Dismissed.
Robert G. Light VS.. Carlin Hamln ct al. Dis
| missed
| Solomon Barrett VS.. Frederick Buckhardt
| Dismissed
| Nancy Porter VS. The Citizens Street-rai
way Company; damages. Verdict for the de
| apNa